Overview

Title

To require the priority and consideration of using native plants in Federal projects, and for other purposes.

ELI5 AI

The bill is like a rule telling people who work on big government building projects to use plants that naturally grow in the area because they're good for animals and the earth. It also asks the main people in charge to check and report on how well everyone's following this rule every two years.

Summary AI

S. 3510, titled the “Building Native Habitats at Federal Facilities Act,” requires that federal projects prioritize the use of native plants over non-native plants whenever feasible. The bill mandates federal agencies to consider the benefits of native plants, such as supporting wildlife, reducing soil erosion, and managing water better, in their projects. Additionally, it encourages the incorporation of native plants into existing or planned lawns and turfgrass, and requires contractors involved in federal projects to follow these guidelines. The Chair of the Council on Environmental Quality is tasked with providing guidance and reporting on the usage of native plants in federal projects every two years.

Published

2023-12-13
Congress: 118
Session: 1
Chamber: SENATE
Status: Introduced in Senate
Date: 2023-12-13
Package ID: BILLS-118s3510is

Bill Statistics

Size

Sections:
2
Words:
936
Pages:
5
Sentences:
25

Language

Nouns: 285
Verbs: 57
Adjectives: 59
Adverbs: 9
Numbers: 36
Entities: 61

Complexity

Average Token Length:
4.24
Average Sentence Length:
37.44
Token Entropy:
4.91
Readability (ARI):
20.69

AnalysisAI

Summary of the Bill

The proposed legislation, titled the “Building Native Habitats at Federal Facilities Act,” mandates that federal projects give priority to using native plants. This requirement considers the environmental benefits of native plants, such as their capability to support local ecosystems, improve soil health, and reduce water usage. The bill delineates specific guidelines for federal agencies regarding contracts, updates to design standards, and seeks guidance from the Council on Environmental Quality. Federal agencies are required to report publicly on the use of native plants in federal projects every two years.

Significant Issues

One of the notable issues with the bill is the broad definition of what constitutes a "Federal project." This broadness may unintentionally encompass a variety of activities that might not align directly with the intended focus on native plants. Additionally, the bill imposes a timeline requiring agencies to update design standards within 270 days of enactment. Given the complexities involved in such updates, this could lead to rushed implementations or inadequate compliance.

Moreover, while the bill sets a priority on native plants, it exempts turfgrass and lawns, which may result in inconsistent application. Similarly, the exceptions made for scientific, historical, or educational purposes lack clarity. This vagueness might permit excessive flexibility, leading to the frequent selection of non-native plants even when it might not be necessary.

Another issue highlighted is the lack of detailed guidance regarding cost feasibility assessments, which could lead to uneven application across different federal agencies. Additionally, the bill does not specify enforcement measures for non-compliance with the prioritization or reporting requirements, potentially undermining adherence to the policy’s objectives.

Impact on the Public and Stakeholders

Broadly, the bill is expected to positively impact the environment by promoting the use of native plants, which are crucial to maintaining local biodiversity and ecosystems. This focus could result in healthier environments around federal facilities, offering benefits such as reduced erosion, better water management, and support for native wildlife.

Members of the public living near federal facilities might enjoy enhanced natural landscapes and local wildlife habitats. Additionally, environmental groups and conservationists are likely to view this legislation favorably as it aligns with efforts to promote sustainable practices and native species conservation.

On the other hand, there may be challenges for federal agencies and project contractors. They would have to navigate the new prioritization requirements, which could necessitate changes in supply chain logistics, training, and expertise in native plant species. This might lead to increased initial costs and adjustments in project planning and execution.

Contractors and suppliers focusing on non-native plants might face diminished demand, potentially impacting their business unless they adapt to aligning with native plant provisions. However, native plant nurseries and related suppliers could see growth in business opportunities.

Ultimately, while the bill can drive positive environmental outcomes, its success will depend on the detailed implementation and addressing the identified issues to ensure consistent and fair application across all federal projects.

Issues

  • The definition of 'Federal project' in Section 2 may be overly broad, potentially applying to a wide range of activities beyond intended construction or maintenance activities directly relevant to native plants, affecting many projects unexpectedly.

  • The requirement for Federal agencies to update design standards and maintenance requirements within 270 days, as outlined in subsection (d) of Section 2, may be overly ambitious given the complexity of such updates and potential for bureaucratic delays. This could lead to hasty implementations or incomplete compliance.

  • The exemption for turfgrass and lawns in subsection (b)(2) could lead to inconsistent application of the native plant prioritization, potentially undermining the overall intent of the policy to promote native plants in Federal projects.

  • The language in subsection (b)(1)(A) regarding scientific, historical, or educational purposes as exceptions in plant prioritization is vague. This vagueness may be interpreted in a manner that dilutes the prioritization of native plants, allowing for non-native plant use unnecessarily.

  • The issue of insufficient guidance for determining cost feasibility in subsection (b) leaves room for inconsistent interpretations across agencies, which could lead to uneven application of the prioritization requirement for native plants.

  • There is a lack of specific consequences or enforcement mechanisms for non-compliance with the prioritization or reporting requirements in Section 2, potentially affecting adherence to the guidelines and undermining the effectiveness of the legislation.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the act specifies that it can be referred to as the “Building Native Habitats at Federal Facilities Act”.

2. Priority and consideration of the use of native plants in Federal projects Read Opens in new tab

Summary AI

The section emphasizes that federal projects should prioritize using native plants, considering their environmental benefits, and includes guidelines for federal contracts, updates to design standards, and guidance from the Council on Environmental Quality. It specifies that these practices must be integrated into federal projects to support native habitats and requires reports on native plants' use to be publicly available every two years.